5.1
The User acknowledges and expressly accepts that:
the Site puts
Users in contact and enables them to meet, and the Company does
not act directly in any way with reference to the Services available on
the Site, acting merely as a platform for the use of the
Services by the Users;
the Company does
not carry out (nor is it authorised to carry out) any type of check or
verification, not even on a sample basis, of the criminal records of
its Users, nor checks on what they have declared in
their Profiles, except with reference to information relating
to the means of payment to be used for the purposes of any Subscriptions
or On-Demand Purchases or in the event of specific report from other Users;
Users are the only parties with
reference to the Services, and the Company is totally
unrelated to the individual relationships between Users, and is not liable
for any unwanted encounters, for this reason we recommend reading
the FAQ section and our relative
advice.
The Company therefore
does not make any representations or warranties to the User about,
merely by way of example:
the quality, lawfulness,
security, compliance and features of the Services on the Site,
the existence, and the
possibility of having real meetings with other users;
the truthfulness, correctness
and completeness of what is published and declared by other Users, also
regarding the information required to be made known to consumers pursuant
to the applicable law.
the conduct of other Users
(current or future) or their compatibility with the User
5.2 Without
prejudice to cases of wilful misconduct or gross negligence, to the maximum
extent permitted by law, the User acknowledges and accepts
that the Company will in no way be liable to the User for
any damages, losses, costs, charges and expenses, direct or indirect, including
any legal costs, suffered and/or incurred by the User relating
to what has been suffered by other Users and/or, in any case, relating to
the Service pursuant to the GENERAL TERMS. Therefore, no
compensation for damage may be requested by the User from
the Company for any damage suffered in relation to the Service and
will not be in any way liable to the User for any delays or
breaches of its obligations in relation to the Services in the event that such
delays or failures derive from Force Majeure causes.
5.3
The Company is not necessarily affiliated with any website to
which links exist on the Site, and is not responsible in any way
for the content of said websites. These links are created solely for the
convenience of Users, and access to these sites is at the risk and peril of the
Users themselves. A link from the Site to any other website
does not imply that the Company endorses, supports or
recommends that website in any way, or has any control over any aspect of that
website's content.
5.4 The
relations or communications made by the User through the Site with
any third party other than the Company are deemed to be
exclusively between the User and the third party. Some
sections of the Site may provide links to websites that make
it possible to effect transactions or purchase goods or services. These
operations may be conducted by third-party partners or by vendors. Under no
circumstances shall the Company be liable for any goods,
services, resources or content made available through such relationships or
communications with such third parties, or for any related damage. The User is
wholly liable for carefully monitoring the practices and policies adopted by
said third parties before entering into any transaction. Any complaints or
questions raised by the User regarding materials or
information provided by third parties must be sent directly to such third
parties.
5.5
The Company does not have the means to check and cannot
guarantee the personal identity and existence of the Users. The Company therefore
cannot be held liable in the event of identity fraud involving a User.
If the User has reason to believe that third parties are using
his/her login credentials or account, he/she is obliged to immediately inform
the Company. If a User wishes to present a
friend, and provides the Company with the relevant data,
he/she undertakes to obtain the express consent of the friend to the processing
of personal data by the Company, which will be used exclusively to
send him/her, in the name and on behalf of the User providing
the data to the Company, an electronic message to inform him/her of
the Services offered. The User is also solely liable towards
the Company for this friend and third parties, and for the
consequences of the transmission of his/her data to the Company.
6.
PRIVACY
The Company respects
and protects the privacy of its Users.
The Company does
not use your personal data for marketing purposes and/or sending commercial
communications and/or direct sales without having obtained your prior express
consent.
The
User accepts
that the
Company reserves the right to access, store, use and
process all information it provides in accordance with the terms of the
Privacy PolicyWe also
remind you that, by accessing your personal area on the Site, you
may correct or update your personal data at any time.
7.
TRANSFER
The User may
not transfer some or all of the present GENERAL TERMS to third parties.
The Company may at any time transfer these GENERAL TERMS to
third parties in its entirety.
8.
DURATION AND SURVIVAL OF CLAUSES
8.1 These
GENERAL TERMS come into force from the Effective Date, will remain in force for
a period of 1 (one) year from that date and will be automatically renewed for
subsequent periods of one year each, unless one Party communicates to the other
Party by registered letter with advice of receipt the User's intention not to
renew the GENERAL TERMS at least 30 (thirty) days prior to the deadline for
each renewal.
8.2 The
following articles of the GENERAL TERMS shall remain valid and effective even
after the conclusion of these GENERAL TERMS: art. 4 (User Declarations
and Guarantees); art. 5 (Liability); art. 11 (Applicable Law and
Jurisdiction); art. 13 (General Clauses).
9.
WITHDRAWAL
Without
prejudice to Article 3.2.4, each Party may withdraw from these GENERAL TERMS at
any time, by simple written communication to the other Party, giving at least 5
(five) days' notice. It is understood that, also in the event of withdrawal,
the Company reserves the right to cancel or suspend the User's
Profile. Upon withdrawal from these GENERAL TERMS by the User,
the Company reserves the right to withhold the sums already
paid for unused Rate Plans, without prejudice to the provisions of article 3.3
above.
In the
event of withdrawal by the User, no refund can be requested for
amounts already paid.
10.
TERMINATION
Without
prejudice to the other provisions provided elsewhere in these GENERAL TERMS, if
the User breaches Articles 3.2, 4 or 7 of these GENERAL TERMS,
the Company reserves the right to suspend the User's
Profile and, if necessary, to terminate the GENERAL TERMS as of right, upon
simple notification (by e-mail) that the Company wishes to
apply this clause. This termination will be with full title, without prejudice
to the Company's right to take action against the User or
his/her assignors to obtain compensation for any damage suffered as a result of
improper use of the Service. The data regarding the User will be
destroyed immediately upon his/her express request or in any case by the Company within
the period provided for by the applicable legislation and necessary for the
protection of the interests of the Company and/or the
other Users.
11.
APPLICABLE LAW AND JURISDICTION
11.1 These
GENERAL TERMS are entirely governed by Italian law.
11.2
Without prejudice to norms protecting consumers in the matter of competent
court, any dispute arising between the Parties in relation to the validity,
interpretation, execution and termination of these GENERAL TERMS and/or in any
case in connection with these GENERAL TERMS will be the exclusive competence of
the Court of Milan, with the exclusion of any other competing or alternative
court
12.
AMENDMENTS
The Company reserves
the right to update or change these GENERAL TERMS at any time, in the event
that such updates or amendments are necessary to adapt the Service to legal
provisions or supervised regulations, to implement security measures that
become necessary to optimise the provision of the Service or
improve the features of the Service. The Company shall
inform Users about changes that have been made directly on
the Site. Changes to the GENERAL TERMS will be automatically valid
and effective, starting from the tenth day from the date of publication on
the Site and will be deemed to be accepted by the User.
The User acknowledges and agrees that he/she will be responsible for
periodically checking the page of the Site showing the GENERAL
TERMS in order to check for any updates. In the event of changes to these
GENERAL TERMS, the User will in any case be entitled to withdraw, a right that
can be exercised at any time by simple written communication to the Company or
by directly closing his/her account on the Site via his own
personal area.
13.
GENERAL CLAUSES
13.1 Any
tolerance on the part of the Company towards the User's
behaviour that breaches any provision of the GENERAL TERMS does not constitute
a waiver of the rights deriving from the violated provision, nor of the right
to demand the correct fulfilment of all the provisions contained herein.
13.2 Any
failure or delay in exercising a right pertaining to Looviing pursuant to the
GENERAL TERMS shall not be considered as a waiver of its rights.
13.3 The
GENERAL TERMS contain the overall agreement reached by the Parties with respect
to their subject matter, and they prevail over all previous communications,
declarations and agreements, both oral and written, reached by the Parties.
13.4 If any
term or other provision of these GENERAL TERMS is declared invalid, voidable or
unenforceable, all other conditions and provisions herein will remain, in any
case, fully valid and effective. If any term or provision is erased due to it
being invalid, contrary to mandatory rules or unenforceable, the Parties
undertake to negotiate in good faith and modify these GENERAL TERMS in such a
way as to best achieve the original intention of the Parties in order to fulfil
in the best possible way the commitments made herein.
13.5 Looviing
and Users act in full autonomy and independence. The present
GENERAL TERMS do not give rise to any relationship of collaboration, agency,
association, intermediation or subordinate employment between Looviing and
the Users.
13.6 Any
communication from one Party to the other pursuant to the GENERAL TERMS
shall be sent either by registered letter or by e-mail (with the notification
of receipt option) to the following address Iumob Srl, Via Comelico, 3, 20135
Milano or via the contact
form. 14.
UNFAIR CLAUSES
The User
acknowledges and accepts that certain paragraphs of the GENERAL TERMS contain
unfair clauses, including the points listed below and that, therefore, he/she
must expressly accept during registration, pursuant to articles 1341 and 1342
of the Italian Civil Code: 2. Conclusion of the Contract; 3. The Looviing Services
(in particular, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 3.9, 3.10 and 3.11); 4.
Declarations and Warranties of the User; 5. Duration and Survivalof Clauses; 9.
Withdrawal; 10. Termination; 11.Applicable Law and Jurisdiction; 12.
Modifications. The User is invited to carefully read the
aforementioned clauses before concluding Registration on the Site, waiving any
claim in relation to the abovementioned clauses, also by way of reimbursement
or compensation.
***
These
GENERAL CONDITIONS are updated on 03/03/2026 and, in the event that the Company
should make substantial changes to them, will give prompt notice to the User.